Common use of No Circular Recovery Clause in Contracts

No Circular Recovery. No Shareholder shall be entitled to make any claim for indemnification against Buyer, the Surviving Corporations or any of their respective Affiliates by reason of the fact that he or she was a controlling person, director, officer, employee, agent or other representative of the Companies (whether such claim is pursuant to any statute, charter, bylaw, contractual obligation or otherwise) with respect to any matter relating to or arising out of a matter which is subject to the provisions of Section 8.2.

Appears in 3 contracts

Samples: Acquisition Agreement and Plan of Reorganization (Smithfield Foods Inc), Agreement and Plan of Reorganization (Smithfield Foods Inc), Acquisition Agreement (Smithfield Foods Inc)

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No Circular Recovery. No Shareholder shall be entitled to make any claim for indemnification against Buyer, the Surviving Corporations Buyer or any of their respective its Affiliates by reason of the fact that he or she was a controlling person, director, officer, manager, employee, agent or other representative of the Companies (whether such claim is pursuant to any statute, charter, bylaw, contractual obligation or otherwise) with respect to any matter relating to or arising out of a matter which is subject to the provisions of Section 8.2.

Appears in 1 contract

Samples: Acquisition Agreement (Smithfield Foods Inc)

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